Wisconsin terror threat law, digital surveillance used in efforts to thwart school threats

Lisa McCrary-Tokes, a resident of Parkland, Fla., says a prayer at each of the crosses that were erected at the Parkland Amphitheatre on Friday. McCrary-Tokes lost a daughter to gun violence in Ohio last year and another daughter graduated from Marjory Stoneman Douglas High School last year. "You can't feel safe anywhere in this country," she said.(Photo: ANDREW WEST, The News-Press via USA TODAY Network)

A 2015 state law that makes it a felony to issue a terrorist threat appears to have done little to deter threats of violence against schools in Wisconsin.

And while many school districts have the capacity to monitor the online lives of their students — where many of those threats occur — those systems are limited and often raise privacy concerns, according to experts.

"Our principals and assistant principals can't sit at a computer all day looking for potential problems and policing the internet. You just can't do it," said Ken Trump, an Ohio security consultant who works with school districts around the country.

"What we have to do is really educate ... our kids, our parents, so when they see these things — pictures of guns, homicidal or suicidal intentions — that they know to come forward and report that. It's not snitching," he said. "They may be saving a life, potentially their own."

Since 2016, when the state law took effect, 62 adults have been charged with making terrorist threats under the statute, which carries a maximum 3½ years in prison and $10,000 fine, according to a state database of electronic court records. At least 18 of those cases appear to have been prompted by threats to schools or students, according to a preliminary analysis by the Journal Sentinel and the USA TODAY NETWORK-Wisconsin.

It is was not immediately clear how many juveniles have been charged, because those records are not public. The tally also does not include other, lesser charges, such as disorderly conduct, under which incidents might be filed.

Despite the advent of the state law, school districts across the state continue to report incidents that force them to close their doors or request a heightened police presence, including several in the days following Wednesday's rampage at a Parkland, Fla., high school in which 17 people were killed.

On Friday, police in Whitefish Bay said they were investigating a perceived threat by a middle-schooler on the social media platform Snapchat, but that it turned out to be false. Other threats over the last two days were being investigated in Madison, Oak Creek-Franklin, Stevens Point, Appleton, Kenosha and Minocqua.

Critics of the state law say it's difficult to prosecute because it requires proof the defendant intended to cause panic or force a school to close. A bill that would strip that requirement has not gained traction in the Legislature.

In addition, while school officials say they aggressively pursue threats, some may be reluctant to saddle young people with a felony conviction that would dog them for the rest of their lives. A more effective approach, school officials said, would be ensuring young people have adequate mental health services.

Schools across the country, including many in Wisconsin, are employing electronic tools to monitor students' internet activity and social media posts. Programs such as Snaptrends, Gaggle and Securly enable schools to track students' internet footprints and flag troubling emails and social media posts.

But those programs are limited. Because they track only students and staff, they would not capture threats made by graduates or outsiders who have no direct relationship to the school. And even for students, the systems generally require them to be on a school-issued device or Wi-Fi, or on a social media platform that is tied to a school email.

Arrowhead is among a number of Wisconsin districts that have adopted the service, which is being made available through their internet provider, WiscNet.

WiscNet declined to say how many districts use the service.

Jon Euting, director of technology and media services for the Wausau School District, which uses both Securly and Gaggle, said the systems have proved helpful in several incidents, though he declined to elaborate.

The multitude of online platforms — from Twitter to Facebook and Snapchat to Instagram, and more — makes it difficult for schools and police to flag every threat, said Green Bay Police Lt. Jeff Brester, who oversees the Green Bay School District's resource officers.

Police and school officials said many of the threats are turned in by students and parents.

“If there is a fear that something has happened or will transpire, we get our school liaison officer,” said Brady Mesenberg, director of technology for the Mosinee School District.

Clara Hatcher of the Journal Sentinel, Eric Litke of USA TODAY NETWORK-Wisconsin, and Shelby Le Duc of the Green Bay Press-Gazette contributed to this report.

Correction: An earlier version of this story incorrectly stated the penalty for a Class I felony.